Vermont divorce laws
To file for divorce in Vermont, you or your spouse must have lived there for at least 6 months (with some exceptions). How long you must wait depends on your case; the rule is below.
Checked against official sources: Oct 24, 2026
Were you served in Vermont?
Enter the day you got the papers (the summons and the petition). We show the deadline to answer.
Guides for Vermont
Uncontested divorce
The process for agreed cases, the waiting period and the steps.
Forms and filing fees
Official forms, the filing fee, fee waivers and e-filing.
Alimony
When spousal support can be ordered, its limits and how to ask.
Custody and child support
The custody term, parenting class, calculator and agency.
Serving divorce papers
How your spouse gets the papers and the deadline to respond.
Where and how to file in Vermont
- Who can file (residency)
- You can file once either spouse has lived in Vermont for 6 months, but the divorce can't be granted unless one of you has lived there for 1 year before the final hearing. (Special rule: non-residents married in Vermont can sometimes file in the county where the marriage certificate was filed if their home state won't recognize the marriage.)
- Waiting period
- After the final hearing, the divorce is a 'decree nisi' and becomes final automatically 90 days later; the judge can shorten or waive this if you both agree. The no-fault ground also requires living apart for 6 months in a row. With minor children a divorce usually takes at least 6 months (Vermont Judiciary).
- Court
- Vermont Superior Court, Family Division
- Official forms
- Divorce forms (Vermont courts)
- Court self-help
- Divorce self-help (Vermont courts)
- Filing fee
- $295 without a stipulation; $90 if you file a full stipulation and at least one of you is a resident; $180 with a stipulation if neither is a resident (32 V.S.A. 1431(b)(2); Vermont Judiciary fees page). If it becomes contested, you pay the difference.
- If you can't afford the fee
- Application to Waive Filing Fees and Service Costs: vermontjudiciary.org: Application waive filing fees and service costs
- Simpler process for agreed cases
- Stipulated divorce: if you agree on everything before filing, you file together with a Final Stipulation (form 400-00878) and, with children, a parenting plan; reduced fee. In some cases you can ask to waive the final hearing and be divorced on the paperwork.
- Law
- 15 V.S.A. 592 · 15 V.S.A. 554, 551(7)
Divorce in Vermont, step by step
Check that you can file in Vermont
You can file once either spouse has lived in Vermont for 6 months, but the divorce can't be granted unless one of you has lived there for 1 year before the final hearing.
Get the official forms
Use the court's official divorce forms: Divorce forms (Vermont courts) Stipulated divorce: if you agree on everything before filing, you file together with a Final Stipulation (form 400-00878) and, with children, a parenting plan; reduced fee.
File the papers and pay the fee, or ask for a waiver
File with the Vermont Superior Court, Family Division. Filing fee: $295 without a stipulation; $90 if you file a full stipulation and at least one of you is a resident; $180 with a stipulation if neither is a resident (32 V.S.A. 1431(b)(2); Vermont Judiciary fees page). Can't afford it? Application to Waive Filing Fees and Service Costs: vermontjudiciary.org: Application waive filing fees and service costs.
Serve your spouse
Hand the papers to your spouse and have them sign an Acceptance of Service (form 400-00844); or mail them with a Notice of Action and Request for Waiver of Service (form 400-00820); or use the sheriff; publication if you can't find them.
Your spouse responds
21 days after service (from the day the acceptance/waiver was signed, or the day mail or sheriff service happened) The summons states the deadline. If your spouse doesn't respond in time, you can usually ask for a default judgment.
Wait out the waiting period
After the final hearing, the divorce is a 'decree nisi' and becomes final automatically 90 days later; the judge can shorten or waive this if you both agree.
Agree, or go to mediation or a hearing
Optional through the Family Mediation Program, but in some cases the judge may require you to meet with a mediator before the case moves on. If you agree on everything, you can usually submit a signed agreement. If not, the judge decides the issues you can't settle.
Get the final decree
The judge signs the final decree (judgment), which ends the marriage. Get a certified copy and keep it. Name change: Unless there's good cause against it, the court must let a spouse resume a prior name.
Free tools for Vermont
Pre-set for Vermont.
Divorce timeline estimator for Vermont
See the earliest date the law lets a judge sign your final divorce decree, from your filing date.
Grounds for divorce in Vermont
- No-fault ground
- living apart for 6 consecutive months with resumption of marital relations not reasonably probable
- Fault grounds
- Also allowed
- Living apart first
- Yes: 6 consecutive months living separate and apart (can be met by the final hearing).
- Law
- 15 V.S.A. 551 (adultery, imprisonment 3+ years, intolerable severity, willful desertion or 7 years' absence, refusal to support, incurable insanity, 6 months' separation)
Property and debts in Vermont
- System
- Equitable distribution
- The rule
- The court equitably divides all property of either spouse, however and whenever acquired, considering factors like length of marriage, age, health, income, job skills and contributions.
- Law
- 15 V.S.A. 751
Alimony (spousal support) in Vermont
Called maintenance (rehabilitative or long-term). The court uses statutory guidelines based on length of marriage: under 5 years: 0-16% of the difference in gross incomes, none or up to 1 year; 5-10 years: 12-29%, for 20-50% of the marriage's length; 10-15 years: 16-33%, 40-60%; 15-20 years: 20-37%, 40-70%; 20+ years: 24-41%, 45% (9-20+ years). The judge can deviate based on statutory factors. 15 V.S.A. 752.
Children: custody and support in Vermont
- What Vermont calls custody
- parental rights and responsibilities (legal and physical) and parent-child contact
- Parenting class
- Required: both parents must take 'Helping Children Cope With Separation and Divorce' (COPE), offered online (Vermont Judiciary, Divorce Process).
- Child support calculator
- Official child support calculator or guidelines
- Child support agency
- Vermont Office of Child Support (DCF)
Serving your spouse in Vermont
- How your spouse gets the papers
- Hand the papers to your spouse and have them sign an Acceptance of Service (form 400-00844); or mail them with a Notice of Action and Request for Waiver of Service (form 400-00820); or use the sheriff; publication if you can't find them.
- Time to respond
- 21 days after service (from the day the acceptance/waiver was signed, or the day mail or sheriff service happened)
- Law
- Vermont Judiciary: Divorce Process; Serving Papers
Going back to a former name in Vermont
Unless there's good cause against it, the court must let a spouse resume a prior name. 15 V.S.A. 558.
Mediation in Vermont
Optional through the Family Mediation Program, but in some cases the judge may require you to meet with a mediator before the case moves on.
If you are in danger
If you are in danger, call 911. The National Domestic Violence Hotline is free, confidential and open 24/7, in English and Spanish: call 1-800-799-7233, text START to 88788, or chat at thehotline.org.
Protective orders in Vermont: Vermont relief from abuse orders and divorce: vermontjudiciary.org: Divorce civil union dissolution and relief abuse
Your browser history may show this page. If someone checks your device, use a private window or a device they can't see.
Free help in Vermont
Good to know in Vermont
- Vermont puts alimony guidelines (percentages and durations) right in the statute. (15 V.S.A. 752)
- A full stipulation cuts the filing fee from $295 to $90 for residents. (32 V.S.A. 1431(b)(2))
- Divorces become final 90 days after the decree (the nisi period). (15 V.S.A. 554)
Changes in 2024–2026
15 V.S.A. 558 (resuming a prior name) was amended by 2023 Act No. 161, effective June 6, 2024.
Divorce checklist for Vermont
Answer a few questions to get a checklist for your state: documents to gather, the official forms, the fee or fee waiver, serving your spouse, children and the final steps. Print it or download it.
Questions about divorce in Vermont
How long do you have to live in Vermont to file for divorce?
You can file once either spouse has lived in Vermont for 6 months, but the divorce can't be granted unless one of you has lived there for 1 year before the final hearing. (Special rule: non-residents married in Vermont can sometimes file in the county where the marriage certificate was filed if their home state won't recognize the marriage.)
How long does a divorce take in Vermont?
After the final hearing, the divorce is a 'decree nisi' and becomes final automatically 90 days later; the judge can shorten or waive this if you both agree. The no-fault ground also requires living apart for 6 months in a row. With minor children a divorce usually takes at least 6 months (Vermont Judiciary).
What are the grounds for divorce in Vermont?
Vermont's no-fault ground is living apart for 6 consecutive months with resumption of marital relations not reasonably probable. Fault grounds are also allowed. Yes: 6 consecutive months living separate and apart (can be met by the final hearing).
Is Vermont a community property state?
No. Vermont uses equitable distribution. The court equitably divides all property of either spouse, however and whenever acquired, considering factors like length of marriage, age, health, income, job skills and contributions.
How much does it cost to file for divorce in Vermont?
$295 without a stipulation; $90 if you file a full stipulation and at least one of you is a resident; $180 with a stipulation if neither is a resident (32 V.S.A. 1431(b)(2); Vermont Judiciary fees page). If it becomes contested, you pay the difference.
Can I get the divorce filing fee waived in Vermont?
Application to Waive Filing Fees and Service Costs: vermontjudiciary.org: Application waive filing fees and service costs
Is there a simpler divorce process in Vermont?
Stipulated divorce: if you agree on everything before filing, you file together with a Final Stipulation (form 400-00878) and, with children, a parenting plan; reduced fee. In some cases you can ask to waive the final hearing and be divorced on the paperwork.
How long does my spouse have to respond in Vermont?
21 days after service (from the day the acceptance/waiver was signed, or the day mail or sheriff service happened)
Can I change my name back in a divorce in Vermont?
Yes. Unless there's good cause against it, the court must let a spouse resume a prior name. 15 V.S.A. 558.
Is mediation required in a divorce in Vermont?
Optional through the Family Mediation Program, but in some cases the judge may require you to meet with a mediator before the case moves on.
Do divorcing parents have to take a class in Vermont?
Required: both parents must take 'Helping Children Cope With Separation and Divorce' (COPE), offered online (Vermont Judiciary, Divorce Process).
How does alimony work in Vermont?
Called maintenance (rehabilitative or long-term). The court uses statutory guidelines based on length of marriage: under 5 years: 0-16% of the difference in gross incomes, none or up to 1 year; 5-10 years: 12-29%, for 20-50% of the marriage's length; 10-15 years: 16-33%, 40-60%; 15-20 years: 20-37%, 40-70%; 20+ years: 24-41%, 45% (9-20+ years). The judge can deviate based on statutory factors. 15 V.S.A. 752.